2018 QCCQ 16506, 2018 QCCQ 16506

Protection de la jeunesse — 186623 2018 QCCQ 16506 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005042-166 DATE: April 26, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...] 2011 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applies to extend for 8 months the protective measures in place in regards to the child X in relation to a situation of health care neglect, serious risk of neglect and psychological ill-treatment. [ 2 ] In virtue of the last order dating August 30, 2017, as well as various measures of aid and assistance, X remains entrusted to her father while benefitting from supervised contacts with her mother. [ 3 ] The parents as well as the child’s attorney, acting within her legal mandate, subscribe to the Director’s evaluation and recommended orientation. [ 4 ] Analysis and decision [ 5 ] X continues to reside with her father and is developing well under his care. [ 6 ] The father continues to receive support in regards to the application of rules and structure to his daughter.

X is responding better to his interventions, which are maintained with consistency. [ 7 ] In virtue of the last judgment, X sees her mother every two weeks for two hours, under the supervision of the Director. [ 8 ] As of October, the mother becomes increasingly unstable on numerous levels, a situation which is recurrent since the Director’s involvement. [ 9 ] After leaving her apartment, the mother moves to a women’s shelter. In October, she lacerates herself and in reason of her mental state and distress, is hospitalized.

The incident is diagnosed as an erotomatic episode involving one of the workers (psychological disorder marked by the delusional belief that one is the object of another person’s love). After her release from the hospital, she is unable to return to the shelter, and finds herself an apartment. [ 10 ] During this period and until a meeting scheduled in November with the caseworker, it is not possible to

schedule access periods between X and her mother. [ 11 ] At this meeting, the mother explains that she did not intend to hurt herself, only to silence the voices in her head. She underscores that her hospitalization and resumption of medication resolve these issues. The parties agree to resume visitation. [ 12 ] Afterwards, it is observed that the mother is more cooperative and receptive to interventions and the follow-up. She is attentive

to her daughter’s needs and doesn’t involve her in her personal difficulties. [ 13 ] More notably since January 2018, the mother shows signs of stabilizing her personal situation. She finds a more permanent living space which corresponds better to her needs and financial situation. [ 14 ] Both parents cooperate with the interventions. [ 15 ] The parents continue to participate in a follow-up with the Clinique de Psychiatrie Transculturelle . Their relationship if less conflictual and they are able to shield their child from adult issues. [ 16 ] Overall, there is an improvement of the situation on all levels.

Notwithstanding, the mother’s recent period of instability underscores the problematic issues still present and the need to continue to progress the situation through the application of protective measures and this, in X’s best interests. [ 17 ] One of the next objectives is to verify the possibility of having supervised contacts at the mother’s domicile and this, towards an eventual lifting of the said supervision and normalization of contacts. [ 18 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child are still in danger; [ 22 ] EXTENDS the Court order rendered on August 30, 2017; [ 23 ] ORDERS that the child remain in her paternal environment; [ 24 ] ORDERS that the contacts between the child and her mother be following agreement between the parties in the presence of a third party chosen by the Director and in the absence of such an agreement, that these take place once every two weeks for a minimum of two hours and upon confirmation from the mother 24 hours prior to the visit; [ 25 ] AUTHORIZES the lifting of supervision of the contacts on a partial or total basis, following agreement between the parties and dependant on the evolution of the situation; [ 26 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which her security or development are in danger; [ 27 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 28 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her parents; [ 29 ] RECOMMENDS that the mother pursue a follow-up in regards to her mental health difficulties and that she give the caseworker access to such; [ 30 ] ALL THESE MEASURES for 8 months; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Sarah Gaudry Staub Attorney for the applicant Me Maryse Fournier Attorney for the mother Me Michel Robert Attorney for the father Me Karine P. Poissant Attorney for the child Hearing date: April 26, 2018